Mosseaux v. Brigham
Supreme Court of Vermont
This was a petition to the county court to set aside a judgment, rendered by a justice of the peace by default, and to be allowed a trial in the case, founded upon the Revised Statutes, chapter thirty three, section eight, — the petitioner alleging, that he had no notice of the suit until after the rendition of the judgment, — and was heard by the county court, June Term, 1845, I-Iebard, J., presiding.
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This was a petition to the county court to set aside a judgment, rendered by a justice of the peace by default, and to be allowed a trial in the case, founded upon the Revised Statutes, chapter thirty three, section eight, — the petitioner alleging, that he had no notice of the suit until after the rendition of the judgment, — and was heard by the county court, June Term, 1845, I-Iebard, J., presiding. It appeared from the record of the justice of the peace in the original suit, that notice to the petitioner of the pendency of that suit was proved, prior to the rendition of the judgment…
1Opinion of the Court
The opinion of the court was delivered by
Hall, J.
The statute, under which this petition was brought to the county court, authorizes that court, in its discretion, to give or refuse relief, and upon such terms as it shall deem reasonable. Unless, therefore, the record of the fact of notice, made by the justice, interposed such an obstacle in the way of relief, as to prevent the exercise of any discretion by the county court on the subject, it is obvious, that we have nothing to do with the case. If that court could, under any state of facts, have received evidence in opposition to the record…
2Cases cited1 opinion
- Scott v. StewartSupreme Court of Vermont · 1833
3Cited by18 opinions
- State v. ShawSupreme Court of Vermont · 1901
- Mutual Life Insurance v. FosterSupreme Court of Vermont · 1915
- East Montpelier v. MontpelierSupreme Court of Vermont · 1892
- Goddard v. FullamSupreme Court of Vermont · 1865
- In Re Estate of ProutySupreme Court of Vermont · 1933
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